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The heterogeneity of executive power

Publication at Faculty of Law |
2022

Abstract

Executive power is one of the three components of state power. Compared to the legislative power and the judicial power, it has a much more complex structure.

This complexity (= hetcrogenity) is determined by the type diversity of implementors of executive power. In the chapter on executive power, the Constitution of the Czech Republic mentions the President of the Republic, the government, the administrative offices and the State Attorney’s Office.

The Supreme Auditing Office and the Czech National Bank, which should be inferred to have the character of executive power are mentioned in other provisions. The constitutional basis for other implemented of executive power is the general provision on the exercise of state power.

The armed forces, the armed security corps and rescue corps are mentioned in the Constitutional Law on the Security of the Czech Republic. The ombudsman and intelligence services are only established by laws without being specifically regulated in any way at the constitutional level.

In addition to classic administrative offices, laws also regulate some so-called independent administrative offices. The typical powers of administrative authorities arc also rarely exercised by collegial bodies.

Traces of executive power can also be found within the structure of legislative power and the structure of judicial power.